VINAYAKA VIDHYA SAMSTHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for hearing on Interlocutory Applications it is taken up for final disposal by consent.

(2.) Petitioner is a Society registered under the provisions of Karnataka Societies Registration Act, 1960 and is running a school under the name and style of Sri.Vinayaka High School, at Kurubara Pete, Hoskote Taluk, Bangalore Rural District. By order dated 05.06.2012, the said school run by the petitioner-Management Sri.Vinayaka Vidya Samsthe came to be admitted to grant-in-aid whereunder, six teaching staff and one non-teaching staff were approved for being admitted to grant. Subsequently, by order dated 01.07.2013 Annexure-C a Physical Education teacher by name Sri.M.K.Santhosh Kumar, was also admitted to grant-in-aid and said order of appointment also came to be approved by the appropriate Government.

(3.) Show Cause notice dated 22.06.2017 came to be issued to the on petitioner Annexure-D by respondent No.1 calling upon petitioner to Show Cause as to why the grant-in-aid should not be withdrawn since, the pass percentage in the institution was far less than the District Average Percentage. Hence, drawing the attention of the petitioner-Institution to clause No.16 of the grant-inaid order dated 05.06.2012 at Annexure-B, the petitioner was put on notice about the proposed withdrawal of the grant-in-aid. Petitioner, by reply dated 25.07.2017 Annexure-E, raised several grounds contending inter-alia that Deputy Director is taking steps to withdraw the grant-in-aid selectively and the percentage of students passing out of an Institution depends upon various factors. It was also contended that yardstick of District Average pass percentage adopted cannot be the sole factor on the basis of which State can withdraw the grant-inaid to which an institution is admitted. Among other contentions raised, petitioner also pleaded that it should be permitted to place on record during the course of enquiry all the materials to explain the steps taken by it in meeting the academic Standards and the progress made by the petitioner-Institution and as such, sought for holding an enquiry and also sought for personal hearing. The respondents, by impugned order has no doubt referred to the objections filed by the petitioner to the Show Cause notice but undisputedly did not hold any enquiry and proceeded to pass the impugned order by withdrawing the grant-in-aid which was granted to the petitioner by order dated 01.09.2017 Annexure- F. Hence, petitioner is before this Court.